ORANJESTAD – The Aruban government has taken an additional legal step in an effort to have allegations of possible irregularities at RDA investigated. After the Public Prosecutor’s Office indicated that it would not open an investigation, partly because of limited operational capacity, the government turned to a judge and asked the court to order that the matter be investigated.
Justice Minister Arthur Dowers confirmed that the government initially filed a formal complaint with the Public Prosecutor’s Office after receiving information concerning possible irregularities at RDA. Prosecutors assessed the complaint but subsequently informed the government that no investigation would be pursued.
According to Dowers, that decision falls exclusively within the authority of the Public Prosecutor’s Office. However, the law allows a complainant to challenge such a decision by asking a judge to intervene.
The government has now made use of that legal avenue. It is up to the judge to determine whether the Public Prosecutor’s Office should be instructed to open or continue an investigation into the alleged irregularities at RDA.
Dowers said it is regrettable when staffing or capacity constraints result in a case not being investigated, particularly when clarification is needed regarding possible wrongdoing.
The government says it respects the independence of prosecutors and the judiciary, but in this case it did not simply accept the decision not to investigate and has sought judicial intervention in an effort to get the investigation moving.